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Friday, 01/05/2024 2:11:28 PM

Friday, January 05, 2024 2:11:28 PM

Post# of 793286
http://www.ca5.uscourts.gov/docs/default-source/forms-and-documents---clerks-office/rules/federalrulesofappellateprocedure

FED. R. APP. P. WITH 5TH CIR. R. & IOPs

4-1
FRAP 4. APPEAL AS OF RIGHT — WHEN TAKEN
(a) Appeal in a Civil Case.
(1) Time for Filing a Notice of Appeal.
(A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the
notice of appeal required by Rule 3 must be filed with the district clerk within
30 days after entry of the judgment or order appealed from.

(B) The notice of appeal may be filed by any party within 60 days after entry of the
judgment or order appealed from if one of the parties is:

(i) the United States;
(ii) a United States agency;
(iii) a United States officer or employee sued in an official capacity; or
(iv) a current or former United States officer or employee sued in an individual
capacity for an act or omission occurring in connection with duties
performed on the United States’ behalf – including all instances in which
the United States represents that person when the judgment or order is
entered or files the appeal for that person.
(C) An appeal from an order granting or denying an application for a writ of error
coram nobis is an appeal in a civil case for purposes of Rule 4(a).
(2) Filing Before Entry of Judgment. A notice of appeal filed after the court
announces a decision or order — but before the entry of the judgment or order — is
treated as filed on the date of and after the entry.
(3) Multiple Appeals. If one party timely files a notice of appeal, any other party may
file a notice of appeal within 14 days after the date when the first notice was filed,
or within the time otherwise prescribed by this Rule 4(a), whichever period ends
later.
(4) Effect of a Motion on a Notice of Appeal.
(A) If a party files in the district court any of the following motions under the Federal
Rules of Civil Procedure — and does so within the time allowed by those rules
— the time to file an appeal runs for all parties from the entry of the order
disposing of the last such remaining motion:
FED. R. APP. P. WITH 5TH CIR. R. & IOPs
4-2
(i) for judgment under Rule 50(b);
(ii) to amend or make additional factual findings under Rule 52(b), whether or
not granting the motion would alter the judgment;
(iii) for attorney’s fees under Rule 54 if the district court extends the time to
appeal under Rule 58;
(iv) to alter or amend the judgment under Rule 59;
(v) for a new trial under Rule 59; or
(vi) for relief under Rule 60 if the motion is filed within the time allowed for
filing a motion under Rule 59.
(B) (i) If a party files a notice of appeal after the court announces or enters a
judgment — but before it disposes of any motion listed in Rule 4(a)(4)(A) —
the notice becomes effective to appeal a judgment or order, in whole or in part,
when the order disposing of the last such remaining motion is entered.
(ii) A party intending to challenge an order disposing of any motion listed in
Rule 4(a)(4)(A), or a judgment’s alteration or amendment upon such a
motion, must file a notice of appeal, or an amended notice of appeal — in
compliance with Rule 3(c) — within the time prescribed by this Rule
measured from the entry of the order disposing of the last such remaining
motion.
(iii) No additional fee is required to file an amended notice.
(5) Motion for Extension of Time.
(A) The district court may extend the time to file a notice of appeal if:
(i) a party so moves no later than 30 days after the time prescribed by this Rule
4(a) expires; and
(ii) regardless of whether its motion is filed before or during the 30 days after
the time prescribed by this Rule 4(a) expires, that party shows excusable
neglect or good cause.
(B) A motion filed before the expiration of the time prescribed in Rule 4(a)(1) or
(3) may be ex parte unless the court requires otherwise. If the motion is filed
after the expiration of the prescribed time, notice must be given to the other
parties in accordance with local rules.
FED. R. APP. P. WITH 5TH CIR. R. & IOPs
4-3
(C) No extension under this Rule 4(a)(5) may exceed 30 days after the prescribed
time or 14 days after the date when the order granting the motion is entered,
whichever is later.
(6) Reopening the Time to File an Appeal. The district court may reopen the time to
file an appeal for a period of 14 days after the date when its order to reopen is entered,
but only if all the following conditions are satisfied:
(A) the court finds that the moving party did not receive notice under Federal Rule
of Civil Procedure 77(d) of the entry of the judgment or order sought to be
appealed within 21 days after entry;
(B) the motion is filed within 180 days after the judgment or order is entered or
within 14 days after the moving party receives notice under Federal Rule of Civil
Procedure 77(d) of the entry, whichever is earlier; and
(C) the court finds that no party would be prejudiced.